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(영문) 서울중앙지방법원 2016.10.20 2016가합520152
예금반환청구에 대한 승낙청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. In the case of paragraph 4.2 and/or to be received, in writing under the name of the depository and/or joint names scheduled to be received, and/or, except in the case of the proviso of the same paragraph, the Esecte may not, in any case, pay or return or dispose of the Esect amount to the depository or to be received.

However, after the conclusion of this contract, in accordance with mutual agreement, the Esecte's payment of Esecte's amount to a depositor's expected receipt constitutes a prohibited act by a value-added network provider under Article 24-2(3) of the Specialized Credit Finance Business Act, after questioning the Financial Supervisory Service on whether it constitutes a prohibited act by a value-added network provider under Article 24-2(3) of the Specialized Credit Finance Business Act (Provided, That the advisory contract on this matter meets the terms of payment or return under paragraphs 4.1 and 4.2, and the Esect amount shall

The main contents of the Specialized Credit Finance Business Act relating to this case are as follows:

* Article 2 of the Specialized Credit Financial Business Act (Definitions)

5. "Credit card merchant" means any of the following persons:

A person who sells goods or provides services, etc. to credit card holders, debit card holders, or pre-paid card holders (hereinafter referred to as "credit card holders, etc.") through transactions using a credit card, debit card, or pre-paid card (hereinafter referred to as "credit card, etc.") according

(b) 8-2 (hereinafter referred to as the "payment agency") for the persons who sell goods or provide services to credit card holders, etc. in accordance with the contract with the credit card company;

2. The term "value-added network business for credit cards, etc." means the business of providing telecommunications services to approve and relay payments for credit cards, etc., such as installation of terminals, inquiries by credit cards, etc., approval of inquiries by credit cards, etc., and settlement of sales slips

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